AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

| NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

 

GRADE AFSN/SSAN

AB

 

 

   

TYPE

 

PERSONAL APPEARANCE

 

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COUNSEL NAME OF COUNSEL AND OR ORGANIZATION

 
 
  

 

MEMBERS SITTING

 

ADDRESS AND OR ORGANIZATION OF COUNSEL

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VOTE OF THE HOARD
HON GEN UOTHC | OTHER DENY
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ISSUES INDEX NUMBER

A93.01 A67.10, A69.00

i CASE NUMBER
18 DEC 02 FD2002-0242

 

 

wc EXHIBITS SUBMITTED:TO THE BOARD |...
ORDER APPOINTING THE BOARD

1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3

   

 

LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE

COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

| PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

 

 

 

 

REMARKS
Case heard at Washington, D.C.

submit an application to the AFBCMR.

SIGNATURE OF RECORDER

INDORSEMENT —

FROM:

     
  
  
  

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

 

AFHQ FORM 0-2077, JAN 00 (EF-V2)

‘APPLICANT'S. ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED-ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

 

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to

SIGNATURE OF BOARD PRESIDENT

  

 

DATE: 18 DECO2

 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3°” FLOOR
ANDREWS AFB, MD 20762-7002

Previous edition will be used.
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0242

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to
exercise this right.

The attached brief contains the available pertinent data on the applicant and the factors leading to the
discharge.

FINDINGS: Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity
or impropriety, which would justify a change of discharge.

ISSUE: The applicant does not contest his discharge; he merely states that he was young and immature and
took for granted the Air Force’s seriousness on underage drinking. The records indicated the applicant
received three Letters’ of Reprimand for failure to go on two occasions and failure to successfully complete
the Alcohol Abuse Rehabilitation Program due to unwillingness to cooperate and participate in program
requirements, possessing or consuming alcoholic beverages under the age of 21 and failure to remain on
Sheppard AFB. The Board reviewed the record and concluded the conduct for which the applicant was
discharged was a significant departure from the conduct expected of all military members. The Board
found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The
Board concluded the misconduct of the applicant appropriately characterized his term of service.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2002-0242
DEPARTMENT OF THE AIR FORCE

AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

ye (Former AB) (HGH AB)
c (NO MEDICAL RECORDS)

1. MATTER UNDER REVIEW: Appl rec'd a GEN Disch fr USAF 99/09/30 UP AFI 36-3208,
para 5.32 & 5.49 (Failure in Alcohol Rehabilitation Program and Misconduct -
Minor Disciplinary Infractions). Appeals for Honorable Disch.

2. BACKGROUND:

a. DOB: 80/01/03. Enlmt Age: 18 10/12. Disch Age: 19 8/12. Educ: HS DIPL.

AFOQOT: N/A. A-61, BE-50, G-50, M-50. PAFSC: 2A611D ~- Aerospace Propulsion
Helper. DAS: 99/05/10.

b. Prior Sv: (1) AFRes 98/11/19 - 99/03/09 (3 months 21 days) (Inactive) .

3. SERVICE UNDER REVIEW:

a. Enlisted as AB 99/03/10 for 6 yrs. Svd: 00 Yrs 06 Mo 21 Das, all Ams.

b. Grade Status: None.
c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 14 JUL 99 - Failure to remain on Sheppard AFB.

LOR, 10 JUN 99 - Possessing or consuming alcoholic
beverages under the age of 21. Act of
public display of affection.

LOR, 02 JUL 99 - Failure to go on two occasions.

Medical Report, 09 SEP 99 - Failure to successfully
complete the Alcohol Abuse Rehabilitation
Program due to unwillingness to cooperate
and participate in program requirements.
Specifically, failed to turn in homework
assignments, slept in class, and played
video games in class, and not shaving.

£f. CM: None.
g. Record of SV: None.

(Discharged from Sheppard AFB)

h. Awards & Decs: AFTR.

i. Stmt of Sv: TMS: (00) Yrs (10) Mos (12) Das
TAMS: (00) Yrs (06) Mos (21) Das
FD2002-0242

4. BASIS ADVANCED FOR REVIEW: Appin (DD Fm 293) dtd 02/05/17.
(Change Discharge to Honorable) ,

Issue 1: Athe the time of my service in the Air Force I was only 19. years
old, and took for granted the Air Force's seriousness on underage drinking. Now
at the age I am at, I realize the opportunities and benefits I lost getting
discharged other than honorably from the Air Force. I only pray by God's grace
that this application gets considered for an upgrade to under honorable
conditions. I would do anything to have the chance to rejoin the military. To
whom this may concern, thank you.

.ATCH
None.

02/09/12/ia -
Fp200e2- ILLS

- DEPARTMENT OF THE AIR FORCE —

AIR EDUCATION AND TRAINING COMMAND

 

27 Sep 99

MEMORANDUM FOR 82 TRG/CC

FROM: 82 TRW/JAC

SUBJECT: Legal Review, Recommendation for Discharge - Ageia

361 TRS

1. We have reviewed this discharge case file and find it to be legally sufficient to support
discharge in accordance with the provisions of AFI 36-3208, paragraphs 5.32 (failure in alcohol
abuse treatment) and 5.49 (minor disciplinary infractions). Based upon our review, we conclude
that the incidents documented within this file sufficiently support @iaigigadidischarge from
the Air Force. We concur with the 361 TRS/CC that ine o:i3 be discharged without
further opportunities for probation and rehabilitation. We further recommend that paragraph

5.49 be cited as the primary basis for discharge and that the respondent’s service be characterized
with an under honorable conditions (general) discharge.

2, On 22 Sep 99, the 361 TRS/CC notified AMMAR that he was recommending that
eae: discharged from the service due to his failure in alcohol abuse treatment and his
misconduct. The basis for this action is the squadron commander's administrative determination
that the respondent failed to successfully complete an Alcohol Abuse Rehabilitation Program,
and has committed a series of disciplinary infractions. Specifically, the respondent was
unwilling to cooperate and participate in the program requirements for alcohol rehabilitation
when he failed to turn in homework assignments, slept in class, and played video games in class.
In addition, he twice violated a lawful general instruction when he failed to remain on Sheppard
Air Force Base and when he possessed or consumed alcoholic beverages while under the legal
drinking age of 21. Further, he was twice derelict in the performance of his assigned duties when
he failed to go to physical conditioning and to a GI Party. Finally, he was noted engaging in an
act of public display of affection. The respondent received three Letters of Reprimand as a result

of his misconduct. The basis for discharge is supported by a preponderance of the evidence in.
the case file.

3. The respondent is 19 years old. He began his present enlistment on 10 Mar 99, and was
assigned to his unit on 10 May 99. His ASVAB scores are average. The respondent is entitled to
wear the Air Force Training Ribbon. He has waived his right to consult counsel and has waived
his right to submit statements for your consideration.

-4, In accordance with AFI 36-3208, your options are to direct